3S5- 


UNIVERStTY  OF  ILLIN08-URBANA 


3  0112  071299868 


INTERSTATE  COMMERCE  COMMISSION 


HOURS  OF  SERVICE  OF 
RAILWAY  EMPLOYEES 


STATE  STATUTES  AND 
RELATED  COURT  DECISIONS 


FEBRUARY,  1909 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1909 


CONTENTS. 


Pace. 

State  statutes : 

Arizona 5 

Arkansas 5 

Colorado 7 

Connecticut 7 

District  of  Columbia 8 

Florida 10 

Georgia 10 

Indiana 11 

Iowa 12 

Kansas 13 

Maryland 14 

Michigan 15 

Minnesota 16 

Missouri 16 

Montana ._  17 

Nebraska 18 

Nevada 19 

New  York 20 

North  Carolina 21 

North  Dakota 22 

Ohio 23 

Oregon 24 

Rhode  Island  (applies  to  street  railways) 24 

South  Dakota 25 

Texas 26 

Washington 28 

West  Virginia 28 

Wisconsin 29 

Decisions  of  courts  relating  to  hours  of  aervice  of  railway  employees: 

Arkansas 33 

Missouri 33 

Montana 34 

Wisconsin 35 

Regulations  in  the  several  States,  table 36 

Provisions  of  emergency  claose  in  stat^  regulations,  table 38 

3 


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>0  Ol  -v-v-\ 


STATUTES  OF  THE  SEVERAL  STATES  RELATING  TO 
HOURS  OF  SERVICE  OFRAILAVAY  EMPLOYEES. 


ARIZONA. 

[Arizona  Laws  11)03,  p.  53.] 

Act  No.  34. — Section  1.  No  company  operating  a  railroad  in 
whole  or  in  part  within  the  Territory  of  Arizona  shall  require  any 
conductor,  engineer,  fireman,  brakeman,  telegraph  operator,  or  any 
employee  who  has  worked  in  his  respective  capacity  for  sixteen  con- 
secutive hours,  except  in  case  of  casualty  or  actual  necessity,  to  again 
go  on  duty,  or  perform  any  work  until  he  has  at  least  nine  hours' 
rest. 

Sec.  2.  Any  company  which  violates  or  permits  to  be  violated  any 
of  the  provisions  of  the  preceding  section,  or  any  officer  or  agent  of 
such  company  who  violates  or  permits  to  be  violated  an}'  of  the 
provisions  of  the  preceding  section  shall  be  punished  by  a  fine  of  not 
less  than  $50  nor  more  than  $300  for  each  and  every  violation  thereof. 


ARKANSAS. 


[Acts  of  Arkansas,  1907,  p.  656,  act  282.1 

Section  1.  That  it  shall  be  unlawful  for  any  person,  corporation, 
association,  their  agents  or  officials  operating  a  railroad  within  this 
State  to  permit  any  telegraph  or  telephone  operator  who  is  engaged  in 
the  handling  of  trains  by  the  use  of  the  telegraph  or  telephone,  report- 
ing trains  to  each  other  and  to  the  train  dispatcher  registering  the 
same,  and  operating  one  or  more  train-order  signals,  telegraph  or 
telephone  levermen  who  manipulate  lever  machines  in  railroad  yards, 
or  on  the  main  tracks  out  of  the  line,  connecting  sidetracks  or  switches 
or  train  dispatchers  in  its  service  whose  duties  pertain  to  the  move- 
ment of  cars,  engines,  or  trains  on  its  railroad  by  the  use  of  the 
telegraph  or  telephone  in  dispatching  or  reporting  trains,  or  receiving 
or  transmitting  train  orders  or  messages  directing  the  movement  of 
trains  as  interpreted  in  this  section,  to  be  on  duty  for  more  than  eight 
hours  in  any  twenty-four  consecutive  hours. 

5 


6  HOURS   OF   SERVICE  OF  RAILWAY   EMPLOYEES. 

Sec.  2.  And  be  it  enacted  that  any  person,  corporation,  associa- 
tion, their  agents  or  officials  that  shall  violate  section  1  of  this  act 
shall  pay  a  fine  of  $500  for  each  violation  of  this  act. 

Sec.  3.  And  be  it  enacted  that  the  fine  mentioned  in  section  2  of 
this  Act  shall  be  recovered  by  an  action  in  the  name  of  the  State  of 
Arkansas  for  the  use  of  the  State,  who  shall  sue  for  it  against  such 
person,  corporation,  association,  agent  or  official  violating  this  act, 
said  suit  to  be  instituted  in  any  court  in  this  State  having  appropri- 
ate jurisdiction. 

Sec.  4.  And  be  it  enacted  that  the  said  fine,  when  recovered,  shall 
be  paid  without  any  deduction  whatever  to  the  State  of  Arkansas, 
for  whose  use  the  suit  was  instituted. 

Sec.  5.  That  all  law^s  and  parts  of  laws  in  conflict  herewith  be, 
and  the  same  are  hereby,  repealed ;  and  this  act  shall  take  effect  and 
be  in  force  thirty  (days)  after  its  passage. 

Approved  May  8,  1907. 

[Digest  of  statutes,  1904,  p.  13S1.] 

Sec.  6G52.  Any  person  or  company  ow^ning  or  operating  a  railroad 
over  30  miles  in  length,  in  whole  or  in  part  within  this  State,  shall  not 
permit  or  require  any  conductor,  engineer,  fireman,  brakeman,  or  any 
trainman  on  any  train,  or  any  telegraph  operator  w^ho  has  worked 
in  his  respective  capacity  for  sixteen  consecutive  hours,  to  again  be 
required  to  go  on  duty  or  perform  any  work  until  he  has  had  at 
least  eight  hours'  rest,  except  in  cases  of  wrecks  or  washout:  Pro- 
vided, That  at  the  expiration  of  the  said  sixteen  hours'  continuous 
service,  the  engineer  and  trainmen  on  any  train,  being  at  a  distance 
not  exceeding  25  miles  from  any  division  terminal  or  destination 
point,  shall  be  permitted,  if  they  so  elect,  to  run  said  train  into  said 
division  terminal  or  destination  point;  it  being  further  provided 
that  the  additional  service  permitted  under  this  section  shall  not  be 
so  construed  as  to  relieve  any  railway  corporation  from  liabilities 
incurred  under  section  6654:  And  provided  further,  That  the  pro- 
vision of  this  act  shall  not  apply  to  passenger  trains. 

Sec.  6653.  Any  railroad  company  or  corporation  knowingly  vio- 
lating any  of  the  provisions  of  this  act  shall  be  liable  to  a  penalty 
of  not  less  than  $100  nor  more  than  $200  for  the  first  offense;  for 
any  subsequent  offense,  of  not  less  than  $200  nor  more  than  $300, 
which  shall  be  recovered  in  a  civil  action  in  the  name  of  the  State. 

Sec.  6654.  In  addition  to  the  penalty  prescribed  herein,  any  corpo- 
ration violating  the  provisions  of  this  act  shall  not  be  permitted  to 
interpose  the  defense  of  contributory  negligence  in  the  event  of  action 
being  brought  to  recover  for  damages  resulting  from  any  accident 
which  shall  occur  and  by  which  injury  shall  be  inflicted  on  any 
employee  who  may  be  detained  in  service  more  than  said  sixteen 


HOURS   OF  SERVICE   OF  RAILWAY  EMPLOYEES.  7 

hours,  notwithstanding  negligence  of  said  injured  employee  may 
have  caused  his  own  injuiy  or  death;  nor  shall  said  defense  of  con- 
tributory negligence  be  interposed  if  the  said  injury  result  in  the 
death  of  said  employee  and  the  action  is  brought  for  the  Ix^nefit  of 
his  next  of  kin. 
Approved  April  14,  1903. 


COLORADO. 

[Colorado  Annotate<l  Statutes,  vol.  3,  1891-3905,  p.  1007.] 

3751a.  Hours  of  employment  of  trainmen.  That  no  company  oper- 
ating a  railroad,  in  whole  or  in  part,  within  this  State,  shall  permit 
or  require  anj'  conductor,  engineer,  fireman,  brakeman,  telegraph 
operator,  or  any  trainman  who  has  worked  in  his  respective  capacity 
for  eighteen  consecutive  hours,  except  in  case  of  casualty,  to  again  go 
on  duty  or  perform  any  work  until  he  has  had  at  least  eight  hours' 
rest.     (L.  1891,  p.  284,  sec.  1.) 

3751b.  Violation — penalty.  Any  company  which  violates  or  per- 
mits to  be  violated  any  of  the  provisions  of  the  preceding  section,  or 
any  officer,  agent,  or  employee  who  violates  or  permits  to  be  violated 
any  of  the  provisions  of  the  preceding  section,  shall  be  fined  not  less 
than  $100,  nor  more  than  $300,  for  each  and  every  violation  of  this 
act.     (L.  1891,  p.  284,  sec.  2.) 


CONNECTICUT. 

rPiiblic  Acts,  January  session,  1907,  p.  851,  852,  ch.  242.] 

Section  1.  It  shall  be  unlawful  for  any  person,  persons,  corpora- 
tion, or  receiver  operating  a  line  of  railroad  wholly  or  partly  within 
this  State,  or  any  officer,  agent,  or  representative  of  such  corporation 
or  receiver,  to  require  or  permit  any  telegraph  or  telephone  operator, 
who  spaces  trains  by  the  use  of  the  telegraph  or  telephone,  under  what 
is  known  and  termed  the  "  block  system,"  defined  as  follows:  Report- 
ing trains  to  another  office  or  officers,  or  to  a  train  dispatcher  oper- 
ating one  or  more  trains  under  signals,  and  telegraph  or  telephone 
lever  men,  who  manipulate  interlocking  machines  in  railroad  yards 
or  on  main  tracks  out  on  the  lines  connecting  side  tracks  or  switches, 
or  train  dispatchers  in  its  service,  whose  duties  substantially,  as  here- 
inbefore set  forth,  pertain  to  the  movement  of  cars,  engines,  or  trains 
on  its  railroad  by  the  use  of  the  telegraph  or  telephone  in  dispatching 
or  reporting  trains  or  receiving  or  transmitting  train  orders,  as  inter- 
preted in  this  section,  to  be  on  duty  for  more  than  eight  hours  in  a 
day  of  twenty-four  hours ;  and  it  is  hereby  declared  that  eight  hours 
shall  constitute  a  day  of  employment  for  all  laborers  or  employees 


8  HOURS    OF   SERVICE   OF   RAILWAY   EMPLOYEES. 

engaged  in  the  kind  of  labor  aforesaid:  Provided,  That  at  stations 
that  are  kept  open  only  during  the  daytime,  where  only  one  telegraph 
or  telephone  operator  is  employed,  such  operator  may  work  twelve 
hours  in  a  day  of  twenty-four  hours ;  and  that  the  hours  of  service  of 
telegraph  or  telephone  operators,  as  interpreted  in  this  section,  shall 
be  consecutive,  including  one  meal  hour:  And  provided,  further,  That 
in  case  of  sickness,  death,  wrecks,  or  washouts,  telegraph  or  telephone 
operators  may  be  held  on  duty  not  to  exceed  sixteen  hours  in  a  day 
of  twenty- four  hours. 

Sec.  2.  Any  person  or  persons,  company,  or  corporation,  who  shall 
violate  any  of  the  provisions  of  the  preceding  section  shall,  on  con- 
viction, be  fined  not  more  than  $1,000. 

Sec.  3.  This  act  shall  take  effect  January  1,  1908. 

Approved  July  27,  1907. 


DISTRICT  OF  COLUMBIA. 


[Public,  No.  274.] 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  the  provisions 
of  this  act  shall  apply  to  any  common  carrier,  or  carriers,  their 
officers,  agents,  and  employees,  engaged  in  the  transportation  of  pas- 
sengers or  property  by  railroad  in  the  District  of  Columbia  or  any 
Territory  of  the  United  States  or  from  one  State  or  Territory  of  the 
United  States  or  the  District  of  Columbia  to  any  other  State  or 
Territory  of  the  United  States  or  the  District  of  Columbia,  or  from 
any  place  in  the  United  States  to  an  adjacent  foreign  country  or 
from  any  place  in  the  United  States  through  a  foreign  country  to 
any  other  place  in  the  United  States.  The  term  "  railroad  "  as  used 
in  this  act  shall  include  all  bridges  and  ferries  used  or  operated  in 
connection  with  any  railroad,  and  also  all  the  road  in  use  by  any 
common  carrier  operating  a  railroad,  whether  owned  or  operated 
under  a  contract,  agreement,  or  lease;  and  the  term  "employees"  as 
used  in  this  act  shall  be  held  to  mean  persons  actually  engaged  in  or 
connected  with  the  movement  of  any  train. 

Sec.  2.  That  it  shall  be  unlawful  for  any  common  carrier,  its  offi- 
cers, or  agents,  subject  to  this  act  to  require  or  permit  any  employee 
subject  to  this  act  to  be  or  remain  on  duty  for  a  longer  period  than 
sixteen  consecutive  hours,  and  whenever  any  such  employee  of  such 
common  carrier  shall  have  been  continuously  on  duty  for  sixteen 
hours  he  shall  be  relieved  and  not  required  or  permitted  again  to  go 
on  duty  until  he  has  had  at  least  ten  consecutive  hours  off  duty ;  and 
no  such  employee  who  has  been  on  duty  sixteen  hours  in  the  aggregate 
in  any  twenty-four-hour  period  shall  be  required  or  permitted  to  con- 


HOURS   OF   SERVICE   OF  RAILWAY  EMPLOYEES.  9 

tinue  or  again  go  on  duty  without  having  had  at  least  eight  consecu- 
tive hours  otf  duty:  Prorided,  That  no  operator,  train  dispatcher,  or 
other  employee,  who  by  the  use  of  the  telegraph  or  telephone  dis- 
patches, reports,  transmits,  receives,  or  delivers  orders  pertaining  to 
or  affecting  train  movements  shall  be  required  or  permitted  to  be  or 
remain  on  duty  for  a  longer  period  than  nine  hours  in  any  twenty- 
four-hour  period  in  all  towers,  offices,  places,  juid  stations  continuously 
operated  night  and  day,  nor  for  a  longer  period  than  tliirteen  hours  in 
all  towers,  offices,  places,  and  stations  operated  only  during  the  day- 
time, except  in  case  of  emergency,  when  the  employees  named  in 
this  proviso  may  be  permitted  to  be  and  remain  on  duty  for  four 
additional  hours  in  a  twenty-four-hour  period  or  not  exceeding  three 
days  in  any  week:  Provided  further,  The  Interstate  Commerce  Com- 
mission may  after  full  hearing  in  a  particular  case  and  for  good 
cause  shown  extend  the  period  within  which  a  common  carrier  shall 
comply  with  the  provisions  of  this  proviso  as  to  such  case. 

Sec.  3.  That  any  such  common  carrier,  or  any  officer  or  agent 
thereof,  requiring  or  permitting  any  employee  to  go,  be,  or  remain 
on  duty  in  violation  of  the  second  section  hereof,  shall  be  liable  to  a 
penalty  of  not  to  exceed  $500  for  each  and  every  violation,  to  be  recov- 
ered in  a  suit  or  suits  to  be  brought  by  the  United  States  district 
attorney  in  the  district  court  of  the  United  States  having  jurisdiction 
in  the  locality  where  such  violation  shall  have  been  committed;  and 
it  shall  be  the  duty  of  such  district  attorney  to  bring  such  suits  upon 
satisfactory  information  being  lodged  with  him;  but  no  such  suit 
shall  be  brought  after  the  expiration  of  one  year  from  the  date  of  such 
violation;  and  it  shall  also  be  the  duty  of  the  Interstate  Commerce 
Commission  to  lodge  with  the  proper  district  attorneys  information 
of  any  such  violation  as  may  come  to  its  knowledge.  In  all  prosecu- 
tions under  this  act  the  common  carrier  shall  be  deemed  to  have  had 
knowledge  of  all  acts  of  all  its  officers  and  agents :  Provided,  That  the 
provisions  of  this  act  shall  not  apply  in  any  case  of  casualty  or  un- 
avoidable accident  or  the  act  of  God;  nor  where  the  delay  was  the 
result  of  a  cause  not  known  to  the  carrier  or  its  officer  or  agent  in 
charge  of  such  employee  at  the  time  said  employee  left  a  terminal, 
and  which  could  not  have  been  foreseen:  Provided  further,  That  the 
provisions  of  the  act  shall  not  apply  to  the  crews  of  wrecking  or  relief 
trains. 

Sec.  4.  It  shall  be  the  duty  of  the  Interstate  Commerce  Commission 
to  execute  and  enforce  the  provisions  of  this  act.  and  all  powers 
granted  to  the  Interstate  Commerce  Commission  are  hereby  extended 
to  it  in  the  execution  of  this  act. 

Sec.  5.  That  this  act  shall  take  effect  and  be  in  force  one  year  after 
its  passage. 

Approved  March  4,  1907. 
70789—09 2 


10  HOURS   OF   SERVICE   OF   RAILWAY    EMPLOYEES. 

FLORIDA. 

[I^ws  of  Florida,  1891-1893,  p.  135,  ch.  4199  (No.  85).    General  Statutes  1906, 

p.  1112,  sec.  2843.] 

Section  1.  That  from  and  after  the  passage  of  this  act  it  shall  be 
unlawful  for  any  railroad  doing  business  in  this  State  to  require  or 
permit  its  employees,  who  are  engaged  in  the  business  of  operating 
its  trains  over  its  roads,  to  make  runs  of  over  thirteen  hours,  or  make 
runs  aggregating  more  than  thirteen  hours  in  any  twenty-four  hours, 
except  when  such  train  is  detained  by  reason  of  casualty  or  other 
cause  from  reaching  its  destination  on  schedule  time,  and  no  conduc- 
tors and  engineers,  after  having  been  on  a  run  or  runs  for  as  much  as 
thirteen  hours  out  of  every  twenty-four  hours  shall  be  required  to 
again  go  on  duty  until  after  eight  hours'  rest,  except  in  the  case  above 
stated.  No  employee  of  any  railroad  company  shall  be  deprived  of 
his  right  to  recover  damages  for  personal  injury  by  reason  of  the  fact 
that  he,  at  the  time  of  such  injury,  was  making  a  run  of  more  than 
thirteen  hours  or  making  a  run  aggregating  more  than  thirteen  hours 
in  twenty-four  hours,  or  had  gone  on  duty  after  a  thirteen  hours'  run, 
or  runs  aggregating  thirteen  hours  before  eight  hours'  rest. 

Sec.  2.  That  any  railroad  violating  any  of  the  provisions  of  section 
1  of  this  act  shall  be  subject  to  a  forfeiture  of  not  less  than  $50  nor 
more  than  $500;  all  forfeitures  collected  under  the  provisions  of  this 
act  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  school 
fund. 

Sec.  3.  That  suits  for  the  collection  of  forfeitures  under  the  pro- 
vision of  this  act  shall  be  brought  in  the  county  in  which  the  principal 
office  of  the  railroad  employing  trainmen  offending  is  situated,  or  if 
such  company  shall  have  no  principal  office  in  this  State,  then  such 
suit  may  be  brought  in  any  county  in  which  such  company  has  a  track 
and  an  agent. 

Sec.  4.  That  all  laws  and  parts  of  laws  in  conflict  with  this  act  be, 
and  the  same  are  hereby,  repealed. 

Approved  May  22,  1893. 


GEORGIA. 

[Code  of  1895.] 


Sec.  2240.  No  railroad  doing  business  in  this  State  shall  require 
or  permit  its  employees  who  are  engaged  in  the  business  of  operating 
its  trains  over  its  roads  to  make  runs  of  over  thirteen  hours,  or  make 
runs  aggregating  more  than  thirteen  hours  in  any  twenty-four  hours, 
except  when  such  train  is  detained  by  reason  of  casualty,  or  other 


HOURS  OF  SERVICE   OF  RAILWAY  EMPLOYEES.  11 

cause,  from  reaching  its  destination  on  schedule  time,  and  no  train  man, 
after  having  been  on  a  run  or  runs  for  as  much  as  thirteen  hours  out 
of  the  twenty-four  hours,  shall  be  required  to  again  go  on  duty  until 
after  ten  hours'  rest,  except  in  the  case  above  stated.  No  employee 
of  any  railroad  company  shall  be  deprived  of  his  right  to  recover 
damages  for  personal  injury  by  reason  of  the  fact  that  he,  at  the  time 
of  such  injury,  was  making  a  run  of  more  than  thirteen  hours,  or 
making  a  run  aggregating  more  than  thirteen  hours  in  twenty-four 
hours,  or  had  gone  on  duty  after  a  thirteen-hours'  run,  or  runs  aggre- 
gating thirteen  hours,  before  ten  hours'  rest. 

Sec.  2241.  Any  railroad  violating  any  of  the  provisions  of  the  pre- 
ceding section  shall  be  subject  to  a  forfeiture  of  not  less  than  $50  nor 
more  than  $500;  all  forfeitures  collected  shall  be  paid  into  the  State 
Treasury  to  the  credit  of  the  school  fund. 

Sec.  2242.  Suits  for  the  collection  of  forfeitures,  under  the  pro- 
visions of  the  preceding  sections,  shall  be  brought  in  the  county  in 
which  the  principal  office  of  the  railroad  employing  the  trainmen 
offending  is  situated;  or  if  such  company  shall  have  no  principal 
office  in  this  State,  then  such  suit  may  be  brought  in  any  county  in 
which  such  company  has  a  track  and  an  agent. 


INDIANA. 


[Acts  of  1907,  p.  215,  ch.  131,  Burns's  Annotated  Statutes,  1908,  vol.  2,  p.  676.] 

Section  1.  Be  it  enacted  hy  the  general  assemhly  of  the  State  of 
Indiana^  That  it  shall  be  unlawful  for  any  superintendent,  train  dis- 
patcher, yardmaster,  foreman,  or  other  railway  official,  to  permit, 
exact,  demand  or  require  any  engineer,  fireman,  conductor,  brake- 
man,  switchman,  telegraph  operator,  or  other  emplo3'ee  engaged  in 
the  movement  of  passenger  or  freight  trains,  or  in  switching  service, 
in  yards  or  railway  stations,  to  remain  on  duty  more  than  sixteen 
consecutive  hours  except  when  by  casualty  occurring  after  such  em- 
ployee has  started  on  his  trip,  or  by  unknown  casualty  occurring 
before  he  started  on  his  trip,  he  is  prevented  from  reaching  his  ter- 
minal, or  to  require  or  permit  any  such  employee  who  has  been  on  duty 
sixteen  consecutive  hours  to  go  on  duty  without  having  had  at  least 
eight  hours  off  duty,  or  to  require  or  permit  any  such  employee  who 
has  been  on  duty  sixteen  hours  in  the  aggregate  in  any  twenty-fotir- 
hour  period,  to  continue  on  duty  or  go  on  duty  without  having  had 
at  least  eight  hours  off  duty  within  such  twenty-four-hour  period. 

Sec.  2.  For  any  violation  of  or  failure  to  comply  with  any  of  the 
provisions  of  this  act,  such  company  shall  be  liable  to  all  persons  and 
employees  injured  by  reason  thereof,  and  no  employee  shall  in  any 


12  HOURS   OF   SERVICE   OF   RAILWAY   EMPLOYEES. 

case  be  held  to  have  assumed  the  risk  incurred  by  reason  of  such  vio- 
lation or  failure. 

Sec.  3.  Any  superintendent,  train  dispatcher,  train  master,  fore- 
man, or  other  official  of  any  railway  in  the  State  of  Indiana  violat- 
ing any  of  the  provisions  of  this  act  is  hereby  declared  to  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  bj' 
a  fine  of  not  less  than  $100  nor  more  than  $500,  and  it  shall  be  the 
duty  of  the  railroad  commission  to  fully  investigate  all  cases  of  the 
violation  of  this  act  and  to  lodge  with  the  attorney-general  informa- 
tion of  such  violation  as  may  come  to  its  knowledge. 

Sec.  4.  The  provisions  of  this  act  shall  not  apply  to  relief  or  wreck 
trains  while  clearing  obstructions  to  the  main  line  of  any  railroad. 

Sec.  5.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Approved  March  8,  1907. 


IOWA. 

[Laws  of  Iowa,  32  C.  A.,  1907,  p.  106,  ch.  103.] 

Section  1.  It  shall  be  unlawful  for  any  railway  company  within 
the  State  of  Iowa,  or  any  of  its  officers  or  agents,  to  require  or  permit 
any  employee  engaged  in  or  connected  Avith  the  movement  of  any  roll- 
ing stock,  engine,  or  train  to  remain  on  duty  more  than  sixteen  con- 
secutive hours,  or  to  require  or  permit  any  such  employee  who  has 
been  on  duty  sixteen  consecutive  hours  to  perform  any  further  serv- 
ice without  having  had  at  least  ten  hours  for  rest,  or  to  require  or  per- 
mit any  such  employee  to  be  on  duty  at  any  time  to  exceed  sixteen 
hours  in  any  consecutive  twenty-four  hours:  Provided,  liowever^ 
That  this  section  shall  not  apply  to  work  performed  in  the  protec- 
tion of  life  or  property  in  cases  of  accident,  wreck,  or  other  unavoid- 
able casualty,  or  prevent  train  crews  from  taking  a  passenger  train 
or  freight  train  loaded  exclusively  with  live  stock  or  perishable 
freight  to  the  next  nearest  division  point  upon  such  railroad:  And 
'provided  further,  That  it  shall  not  apply  to  that  time  necessary  for 
the  train  men  to  reach  a  resting  place  when  an  accident,  wreck,  wash- 
out, snow  blockade,  or  other  unavoidable  cause  has  delayed  their 
train:  And  provided  further,  That  this  section  shall  not  apply  to 
employees  of  sleeping-car  companies. 

Sec.  2.  Any  superintendent,  train  master,  train  dispatcher,  yard- 
master,  or  other  official  of  any  railroad  in  the  State  of  Iowa  violating 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  $100  and  not  more  than  $500  for  each  offense.  It  shall  be  the 
duty  of  the  board  of  railroad  commissioners  to  receive  written  state- 


HOURS  OF  SERVICE    OF  RAILWAY   EMPLOYEES.  13 

inents  of  violations  of  this  act,  and  when  so  requested  to  hold  the 
same  without  disclosure  of  the  name  of  the  i)erson  nuikin^  such  state- 
ment, and  to  investi<rate  each  and  every  complaint  filed  allegin<^  such 
violation.  The  board  in  makin«i:  such  investigation  shall  have  the 
power  to  administer  oaths,  interrogate  witnesses,  take  testimony,  and 
require  the  production  of  books  and  papers,  and  must  file  a  report 
of  such  investigation  in  writing,  with  a  full  statement  of  its  finding, 
to  the  governor.  In  all  cases  of  violation  of  this  act,  the  board  of 
railroad  commissioners,  through  the  attorney-general,  must  at  once 
begin  the  prosecution  of  all  parties  against  whom  evidence  of  viola- 
tion is  found ;  but  this  act  shall  not  be  construed  to  prevent  any  other 
person  from  beginning  prosecution  for  violation  hereof. 
Approved  April  2,  1907. 


KANSAS. 

[Laws  of  1907,  p.  453,  ch.  280.] 

Sectiox  1.  That  section  1  of  chapter  342  of  the  session  laws  of 
1905  be  amended  to  read  as  follows :  Section  1.  It  shall  be  unlawful 
for  any  corporation  or  receiver  operating  a  line  of  railroads  (rail- 
road) in  whole  or  in  part  in  the  State  of  Kansas  for  any  officer,  agent, 
or  representative  of  such  corporation  or  receiver,  to  require  or  permit 
any  conductor,  engineer,  fireman,  brakeman.  train  dispatcher,  tele- 
graph operator,  or  any  train  man  who  has  worked  in  his  respective 
capacity  for  sixteen  consecutive  hours,  to  continue  on  duty  or  perform 
any  work  for  such  railroad  until  he  has  had  at  least  eight  hours'  rest : 
Provided,  That  this  act  shall  not  apply  in  case  of  washout,  wrecks, 
or  unavoidable  blockades,  nor  shall  it  be  construed  to  prevent  the 
crew  of  a  train  which  contains  live  stock  or  perishable  freight  in 
carload  lots  from  running  to  the  next  division  point  after  the  expira- 
tion of  the  time  limit  provided  for  in  this  act :  Provided  further.  That 
this  section  shall  not  apply  to  employees  of  sleeping-ear  companies, 
baggagemen,  and  express  messengers. 

Sec.  2.  That  section  2  of  chapter  342  of  the  Session  Laws  of  1905  be 
amended  to  read  as  follows:  Section  2.  Any  corporation  or  receiver 
operating  a  line  of  railroad,  in  whole  or  in  part  in  this  State,  who 
shall  knowingly  violate  any  provisions  of  this  act  shall  be  liable  to 
the  State  of  Kansas  for  a  penalty  of  not  less  than  $100  nor  more  than 
$200  for  each  otfense,  and  such  penalties  shall  be  recovered  and  suits 
thereof  shall  be  brought  in  the  name  of  the  State  of  Kansas  in  a  court 
of  competent  jurisdiction  in  any  county  in  the  State  into  or  through 
which  any  such  railroad  may  nin  by  the  attorney-general  or  under 
his  direction,  or  by  the  prosecuting  attorney  of  the  proper  county 
through  or  into  or  out  of  which  trains  may  be  operated  by  said  com- 


14  HOURS    OF   SERVICE   OF   RAILWAY   EMPLOYEES. 

pany ;  and  upon  complaint  being  made  to  the  commissioner  of  labor, 
he  is  hereby  authorized  to  investigate  such  complaint,  and  shall  be 
empowered  to  examine  the  train  sheets,  registers,  and  dispatchers'  re- 
ports, and  to  hear  such  other  evidence  as  may  be  offered  b}'  officers  or 
employees  of  such  railroad  company  to  determine  whether  such  com- 
plaint is  well  founded;  and  if  the  complaint  appears  to  be  well 
founded  it  shall  be  the  duty  of  said  commissioner  of  labor  to  file  a 
complaint  before  the  county  attorney  of  the  proper  county  through 
which  said  company  may  operate. 

Sec.  3.  Sections  1  and  2  of  chapter  342  of  the  Session  Laws  of  1905 
and  all  acts  and  parts  of  acts  in  conflict  herewith  be,  and  the  same  is 
hereby,  repealed. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
publication  in  the  official  statute  book. 

Approved  March  9,  1907. 


MARYLAND. 

[Laws  of  1900,  p.  834,  cli.  4M.] 

Sec.  300A.  It  shall  be  unlawful  for  any  person,  corporation,  or 
association  operating  a  railroad  within  this  State  to  permit  any 
telegraph  or  telephone  operator  who  spaces  trains,  by  the  use  of 
the  telegraph  or  telephone,  under  what  is  known  and  termed  "  block 
system  "  (defined  as  follows)  :  Reporting  trains  to  another  office  or 
offices,  and  to  the  train  dispatcher  registering  the  same  and  operating 
one  or  more  train-order  signals,  and  telegraph  or  telephone  levermen 
who  manipulate  interlocking  machines  in  railroad  yards  or  on  main 
tracks  out  on  the  lines  connecting  side  tracks  or  switches  or  train 
dispatchers  in  its  service;  whose  duties  substantially  as  hereinbefore 
set  forth  pertain  to  the  movement  of  cars,  engines,  or  trains  on  its 
railroad  by  the  use  of  the  telegraph  or  telephone  in  dispatching  or 
reporting  trains  or  receiving  or  transmitting  train  orders,  as  inter- 
preted in  this  section,  to  be  on  duty  for  more  than  eight  hours  in  any 
twent3'^-four  consecutive  hours. 

Sec.  300B.  Any  person,  corporation  or  association  that  shall  violate 
section  300A  of  this  act  shall  pay  a  fine  of  $100  for  each  violation  of 
this  act. 

Sec.  300C.  The  fine  mentioned  in  section  300B  of  this  act  shall  be 
recovered  by  an  action  of  debt  in  the  name  of  the  State  of  Maryland 
for  the  use  of  the  State,  who  shall  sue  for  it  against  such  person,  cor- 
poration or  association  violating  this  act,  said  suit  to  be  instituted  in 
any  court  in  this  State  having  appropriate  jurisdiction. 

Sec.  300D.  The  said  fine  when  recovered  as  aforesaid  shall  be  paid 
without  deduction  whatever,  one-half  thereof  to  the  informer,  and 


HOURS  OF  SERVICE   OF  RAILWAY  EMPLOYEES.  15 

the  balance  thereof  to  be  paid  into  the  public  school  fund  of  the  State 
of  Maryland:  Provided,  That  the  provisions  of  this  act  shall  not 
apply  to  any  part  of  a  railroad  where  not  more  than  8  regular 
passenger  trains  in  twenty-four  hours  pass  each  way:  Provided.^ 
moreover,  that  where  20  freight  trains  pass  each  way  generally  in 
each  twenty-four  hours  then  the  provisions  of  this  act  shall  apply, 
notwithstanding  that  there  may  pass  a  less  number  of  passenger 
trains  than  hereinafter  set  forth,  namely,  8. 


MICHIGAN. 

[Compiled  Laws  of  1897.] 

Sec.  5458.  No  person,  corporation,  joint  stock  company,  or  associa- 
tion of  individuals  owning  or  operating  a  line  of  railroad  in  whole 
or  in  part  within  this  State  shall  permit  or  require  any  conductor, 
engineer,  fireman,  brakeman,  or  any  trainman  who  has  worked  in 
any  capacity  for  twenty-four  hours  to  again  go  on  duty  or  perform 
any  kind  of  work  until  he  has  had  at  least  eight  hours'  rest.v 

Sec.  .5459.  Ten  hours'  labor  performed  within  twelve  consecutive 
hours  shall  constitute  a  day's  labor  in  the  operation  of  all  steam, 
surface,  and  elevated  railroads  now  owned  and  operated  or  hereafter 
owned  and  operated  within  this  State:  Provided,  That  this  act  shall 
not  apply  to  regular  scheduled  trains  when  completed  within  a  less 
number  of  hours:  Provided  further,  That  the  provisions  of  this  act 
shall  not  apply  to  extra  hours  of  labor  performed  by  any  conductor, 
engineer,  fireman,  brakeman,  or  trainman  in  cases  of  unavoidable 
accident  or  delay  caused  by  such  accident. 

Sec.  5460.  Every  hour  in  excess  of  ten  hours'  labor  performed  in 
any  day  by  any  conductor,  engineer,  fireman,  brakeman,  or  any  train- 
man of  any  railroad  company,  corporation,  joint  stock  company,  or 
association  of  individuals  or  persons  owning  or  operating  a  railroad 
within  this  State,  who  works  under  the  direction  of  a  superior  or  at 
the  request  of  such  person,  company,  corporation,  joint  stock  com- 
pany, or  association  of  individuals,  and  who  shall  be  required  or 
permitted  to  work  shall  be  deemed  one  tenth  of  a  day's  labor,  and 
such  conductor,  engineer,  fireman,  brakeman,  or  trainman  shall  re- 
ceive pro  rata  compensation  for  said  extra  service  in  addition  to  his 
daily  compensation. 

Sec.  54G1,  Any  person,  agent,  or  employee  of  such  person,  railroad, 
company,  corporation,  joint  stock  company,  or  association  of  indi- 
viduals violating  the  provisions  of  this  act  [sees.  5458-54G1]  shall 
be  guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished  by 
a  fine  of  not  less  than  $50  and  not  to  exceed  $100,  in  the  discretion  of 
the  court. 


16  HOURS   OF   SERVICE  OF  RAILWAY   EMPLOYEES. 

MINNESOTA. 

[Ijiws  of  1907,  I).  344*  cb.  253.] 

Section  1.  It  shall  be  unlawful  for  any  railroad  company  within 
the  State  of  Minnesota,  or  any  of  its  officers  or  agents,  to  require  or 
permit  any  employee  engaged  in  or  connected  with  the  movement  of 
any  rolling  stock,  engine,  or  train  to  remain  on  duty  more  than  six- 
teen consecutive  hours,  or  to  require  or  permit  any  such  employee 
who  has  been  on  duty  sixteen  consecutive  hours  to  perform  any  fur- 
ther service  without  having  had  at  least  eight  hours'  rest,  or  to  require 
or  permit  any  such  employee  to  be  on  duty  at  any  time  to  exceed  six- 
teen hours  in  any  consecutive  twent}-four  hours:  Provided,  how- 
ever, That  this  section  shall  not  apply  to  work  performed  in  the  pro- 
tection of  life  or  property  in  cases  of  accident,  wreck,  or  other  un- 
avoidable casualty:  And  provided  further,  That  it  shall  not  apply  to 
the  time  necessary  for  trainmen  to  reach  a  resting  place  when  an  acci- 
dent, wreck,  washout,  snow  blockade,  or  other  unavoidable  cause  has 
delayed  their  train. 

Sec.  2.  Any  officer  of  any  railroad  company  in  the  State  of  Minne- 
sota violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  punished  by  a  fine  of  not 
less  than  $100  and  not  more  than  $500  for  each  offense,  or  by  impris- 
onment in  the  county  jail  not  more  than  sixty  days,  or  both  fine  and 
imprisonment,  at  the  discretion  of  the  court. 

It  shall  be  the  duty  of  the  state  railroad  and  warehouse  commis- 
sion, upon  complaint  properly  filed  with  it  alleging  a  violation  of 
this  act,  to  make  a  full  investigation  in  relation  thereto,  and  for  such 
purpose  it  shall  have  the  power  to  administer  oaths,  interrogate  wit- 
nesses, take  testimony,  and  require  the  production  of  books  and 
papers,  and  if  such  report  shall  show  a  violation  of  the  provisions  of 
this  act  the  commission  shall,  through  the  attorney-general,  begin 
the  prosecution  of  all  parties  against  whom  evidence  of  violation  of 
the  provisons  of  this  act  is  found :  but  this  act  shall  not  be  construed 
to  prevent  any  other  person  from  beginning  prosecution  for  violation 
of  the  provisions  hereof. 

Approved  April  19,  1907. 


MISSOURI. 

[Laws  of  1905,  p.  112.] 


Section  1.  It  shall  be  unlawful  for  any  corporation  or  receiver 
operating  a  line  of  railroad,  in  whole  or  in  part,  in  the  State  of  Mis- 
souri, or  any  officer,  agent,  or  representative  of  such  corporation  or 
receiver  to  require  or  permit  any  conductor,  engineer,  fireman,  brake- 


HOURS  OF  SERVTCE   OF   RAILWAY   EMPLOYEES.  17 

man,  train  dispatcher,  telegraph  operator,  or  any  train  man  who  has 
worked  in  his  respective  capacity  for  sixteen  hours  within  a  day  of 
twenty-four  hours  to  again  go  on  duty  or  perform  any  work  for  such 
railroad  until  he  has  had  at  least  eight  hours'  rest:  Provided^  This 
provision  shall  not  apply  in  case  of  accident  or  casualty  or  prevent 
train  crews  from  taking  a  passenger  train  or  freight  loaded  exclu- 
sively with  live  stock  or  perishable  freight  to  the  next  nearest  division 
point  upon  such  railroad:  Provided  further^  That  this  section  shall 
not  apply  to  employees  of  sleeping-car  companies. 

Sec.  2.  Any  corporation  or  receiver  operating  a  line  of  railroad, 
in  whole  or  in  part,  in  this  State,  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  liable  to  the  State  of  Missouri  for  a  penalty 
of  not  less  than  $500  nor  more  than  $1,000  for  each  offense,  and  such 
penalties  shall  be  recovered  and  suit  therefor  shall  be  brought  in  the 
name  of  the  State  of  Missouri  in  a  court  of  proper  jurisdiction  in 
any  county  in  the  State  into  or  through  [which]  any  such  railway 
may  run  by  the  attorney-general,  or  under  his  direction,  or  by  the 
prosecuting  attorney  of  any  county  through  or  into  or  out  of  which 
trains  may  be  operated  by  said  railroad.  All  fines  and  penalties  col- 
lected or  received  for  any  violation  of  this  act  shall  be  paid  into  the 
"  good-roads  fund  "  of  the  State  of  Missouri,  to  be  used  only  in  the 
construction  of  gravel  or  macadam  roads  in  the  several  counties  of 
the  State  outside  of  the  incorporated  cities  and  towns  in  such  manner 
as  may  be  provided  for  by  law. 

Approved  March  25,  1905. 


MONTANA. 


[Laws  of  1907,  p.  6,  ch.  5.] 

Section  1.  On  all  lines  of  steam  railroads  or  railways  operated  in 
whole  or  in  part  within  this  State  the  time  of  labor  of  locomotive  engi- 
neers, locomotive  firemen,  conductors,  trainmen,  operators,  and  agents 
acting  as  operators  employed  in  running  or  operating  the  locomotive 
engines  or  trains  on  or  over  such  railroads  or  railways  in  this  State 
shall  not  at  any  time  exceed  sixteen  consecutive  hours  or  to  be  on 
duty  for  more  than  sixteen  hours  in  the  aggregate  in  any  twenty- 
four-hour  period.  At  least  eight  hours  shall  be  allowed  them  off 
duty  before  said  engineers,  firemen,  conductors,  trainmen,  operators, 
and  agents  acting  as  operators  are  again  ordered  or  required  to  go  on 
duty:  Provided^  however^  That  nothing  in  this  section  shall  be  con- 
strued to  allow  any  engineer,  fireman,  conductor,  or  trainman  to 
desert  his  locomotive  or  train  in  case  of  accident,  storms,  wrecks, 
washouts,  snow  blockade,  or  any  unavoidable  delay  arising  from  like 
70789—09 3 


18  HOUES   OF   SERVICE   OF   RAILWAY    EMPLOYEES. 

causes,  or  to  allow  said  engineer,  fireman,  conductor,  or  trainman  to 
tie  up  any  passenger  or  mail  train  between  terminals. 

Sec.  2.  Any  railroad  company  or  suj^erintendent,  train  dispatcher, 
trainmaster,  master  mechanic,  or  other  railroad  or  railway  official 
Avho  shall  order  or  require  any  locomotive  engineer,  locomotive  fire- 
man, conductor,  trainman,  operator,  or  agent  acting  as  operator  to 
labor  contrary  to  the  provisions  of  section  1  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  b}"  a  fine  of  not  less  than  $100  or  more  than  $500,  or  by  im- 
prisonment of  not  less  than  thirty  days  or  more  than  sixty  days  in 
the  county  jail;  and  all  railroad  or  railway  corporations  operating 
lines  of  railroads  or  railways  in  whoL  or  in  part  in  this  State  shall 
be  liable  in  damages  for  all  injuries  to  any  person  or  persons  result- 
ing from  violations  of  the  provisions  of  section  1  of  this  act. 

Sec.  3.  The  provisions  of  section  1  of  this  act  shaH  not  apply  to 
relief  or  wreck  trains. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

Sec.  5.  This  act  shall  be  in  full  force  and  effect  from  and  after  its 
passage  and  approval  by  the  governor. 

Approved  February  5,  1907. 


NEBRASKA. 

[Cobbey's  Compiled  Statutes,  1907,  pp.  1809-10.] 

Sec.  10629.  That  no  company,  corporation,  or  person  operating  a 
railroad,  in  whole  or  in  part,  within  the  State  of  Nebraska,  shall  per- 
mit or  require  any  conductor,  engineer,  fireman,  brakeman,  telegraph 
operator,  or  any  trainman  who  has  worked  in  his  respective  capacity 
for  eighteen  consecutive  hours,  except  in  case  of  casualty  or  unavoid- 
able emergency,  to  again  go  on  duty  or  perform  any  work  until  he  has 
had  at  least  eight  hours  for  rest. 

Sec.  10630.  Any  company,  corporation,  or  person  who  shall  violate 
or  permit  to  be  violated  any  of  the  provisions  of  the  foregoing  sec- 
tion, or  any  officer,  agent,  or  employer  who  violates  or  permits  to  be 
violated  any  of  the  provisions  of  the  preceding  section  shall  be  fined 
not  less  than  $50,  nor  more  than  $200,  for  each  and  every  violation  of 
this  act:  Provided,  however,  That  the  proceedings  to  enforce  the 
penalty,  as  provided  in  this  act,  shall  be  commenced  within  six 
months  from  the  date  of  the  violation  of  the  same. 

Sec.  10631.  It  shall  be  unlawful  for  any  common  carrier  within 
this  State  to  put  in  charge  of  any  telegraph  or  signal  tower  between 
the  hours  of  7  o'clock  in  the  evening  and  7  o'clock  in  the  morning  any 


HOURS  OF   SERVICE   OF  RAILWAY  EMPLOYEES.  19 

telegraph  operator  or  tower  man  whose  duty  it  shall  \xi  to  assist  in  the 
movement  of  trains,  unless  such  telegraph  operator  or  tower  man  shall 
have  reached  the  age  of  at  least  21  years:  Provided^  This  act  shall  not 
apply  when  such  common  carrier  is  engaged  in  relieving  its  tracks  of 
a  train  wreck,  an  act  of  God,  or  some  publix?  calamity. 

Sec,  10G32.  Any  common  carrier  within  this  State  who  shall  vio- 
late the  provisions  of  section  1  (10631)  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  by  any  court  of  com- 
petent jurisdiction  shall  be  fined  in  any  sum  of  not  less  than  $5,  nor 
more  than  $50,  for  every  night  an}'  such  minor  pei*son  is  so  employed 
in  charge  of  every  ^uch  railway  station  or  tower. 


NEVADA. 

[Acts  of  1907,  p.  411.1 

Section  1.  It  shall  be  unlawful  for  any  person,  corporation,  or  asso- 
ciation operating  a  railroad  within  this  State  to  permit  any  telegraph 
or  telephone  operator  who  spaces  trains  by  the  use  of  the  telegraph 
or  telephone  under  what  is  known  and  termed  "block  system  "  (de- 
fined as  follows)  :  Reporting  trains  to  another  office  or  offices,  or  to  a 
train  dispatcher  operating  one  or  more  trains  under  signals,  and  tele- 
graph and  telephone  levermen  who  manipulate  interlocking  machines 
in  railroad  yards  or  on  main  tracks  out  on  the  lines  connecting  side 
tracks  or  switches,  or  train  dispatchers  in  its  service  whose  duties 
substantialh'  as  hereinbefore  set  forth  pertain  to  the  movement  of 
cars,  engines,  or  trains  on  its  railroad  by  the  use  of  telegraph  or  tele- 
phone in  dispatching  or  reporting  trains  or  receiving  or  transmitting 
train  orders  as  interpreted  in  this  section,  to  be  on  duty  for  more  than 
eight  hours  in  any  twenty-four  consecutive  hours. 

Sec.  2.  Any  person,  corporation  or  association  that  shall  violate  sec- 
tion 1  of  this  act  shall  pay  a  fine  of  $100  for  each  violation  of  this 
act. 

Sec.  3.  The  fine  mentioned  in  section  2  of  this  act  shall  be  recov- 
ered by  an  action  of  debt  in  the  name  of  the  State  of  Nevada  for  the 
use  of  the  State,  who  shall  sue  for  it  against  such  person,  corporation, 
or  association  violating  this  act,  said  suit  to  be  instituted  in  any 
court  in  this  State  having  appropriate  jurisdiction. 

Sec.  4.  The  said  fine,  when  recovered  as  aforesaid,  shall  be  paid 
without  any  deduction  whatever,  one-half  thereof  to  the  informer 
and  the  balance  thereof  to  be  paid  into  the  public-school  fund  of  the 
State  of  Nevada. 


20  HOUBS    OF   SERVICE   OF   RAILWAY    EMPLOYEES. 

NEW  YORK. 
[Laws  of  New  York,  1897,  vol.  1,  p.  464.] 

Sec.  7.  Ten  hours'  labor  performed  within  twelve  consecutive  hours 
shall  constitute  a  legal  day's  labor  in  the  operation  of  steam  surface 
and  elevated  railroads  owned  and  operated  within  this  State,  except 
where  the  mileage  system  of  running  trains  is  in  operation.  But  this 
section  does  not  apply  to  the  performance  of  extra  hours  of  labor 
by  conductors,  engineers,  firemen,  and  trainmen  in  case  of  accident 
or  delay  resulting  therefrom.  For  each  hour  of  labor  performed  in 
any  one  day  in  excess  of  such  ten  hours  by  any  such  employee  he  shall 
be  paid  in  addition  at  least  one-tenth  of  his  daily  compensation. 

No  person  or  corporation  operating  a  line  of  railroad  of  30  miles 
in  length  or  over,  in  whole  or  in  part,  within  this  State  shall  permit 
or  require  a  conductor,  engineer,  fireman,  or  trainman  who  has  worked 
in  any  capacity  for  twenty-four  consecutive  hours  to  go  again  on 
duty  or  perform  any  kind  of  work  until  he  has  had  at  least  eight 
hours'  rest. 

[Laws  of  1907,  voL  2,  p.  1469,  ch.  627.] 
Section  1.  Chapter  415  of  the  laws  of  1897,  entitled  "An  act  in 
relation  to  labor,  constituting  chapter  32  of  the  general  laws,"  is  here- 
by amended  by  adding  a  new  section  after  section  7  thereof,  to  be 
section  7-a,  to  read  as  follows: 

Sec.  7-a.  Regulation  of  hours  of  labor  of  block-system  telegraph 
and  telephone  operators  and  signalmen  on  surface,  subway,  and  ele- 
vated railroads. — The  provisions  of  section  7  of  this  chapter  shall 
not  be  applicable  to  employees  mentioned  herein.  It  shall  be  un- 
lawful for  any  corporation  or  receiver  operating  a  line  of  railroad, 
either  surface,  subway,  or  elevated,  in  whole  or  in  part,  in  the  State  of 
New  York,  or  any  officer,  agent,  or  representative  of  such  corporation 
or  receiver  to  require  or  permit  any  telegraph  or  telephone  operator 
who  spaces  trains  by  the  use  of  the  telegraph  or  telephone  under  what 
is  known  and  termed  the  " block  system "  (defined  as  follows)  :  Report- 
ing trains  to  another  office  or  offices  or  to  a  train  dispatcher  operating 
one  or  more  trains  under  signals,  and  telegraph  or  telephone  levermen 
who  manipulate  interlocking  machines  in  railroad  yards  or  on  main 
tracks  out  on  the  lines,  or  train  dispatchers  in  its  service  whose  duties 
substantially,  as  hereinbefore  set  forth,  pertain  to  the  movement  of 
cars,  engines,  or  trains  on  its  railroad  by  the  use  of  the  telegraph  or  tele- 
phone in  dispatching  or  reporting  trains  or  receiving  or  transmitting 
train  orders  as  interpreted  in  this  section,  to  be  on  duty  for  more  than 
eight  hours  in  a  day  of  twenty-four  hours,  and  it  is  hereby  declared 
that  eight  hours  shall  constitute  a  day  of  employment  for  all  labor- 
ers or  employees  engaged  in  the  kind  of  labor  aforesaid;  except  in 


HOURS   OF   SERVICE   OF  RAILWAY   EMPLOYEES.  21 

cases  of  extraordinaiy  emergency  caused  by  accident,  fire,  flood,  or 
danger  to  life  or  property,  and  for  each  hour  of  labor  so  performed 
in  any  one  day  in  excess  of  such  eight  hours  by  any  such  employee 
he  shall  be  paid  in  addition  at  least  one-eighth  of  his  daily  compen- 
sation. 

Any  person  or  persons,  company  or  corporation,  who  shall  violate 
any  of  the  provisions  of  this  section  shall,  on  conviction,  be  fined  in 
the  sum  not  less  than  $100,  and  such  fine  shall  be  recovered  by  an 
action  in  the  name  of  the  State  of  New  York  for  the  use  of  the 
State,  which  shall  sue  for  it  against  such  person,  corporation,  or 
association  violating  this  act,  said  suit  to  be  instituted  in  any  court 
in  this  State  having  appropriate  jurisdiction.  Such  fine,  when  re- 
covered as  aforesaid,  shall  be  paid  without  any  deduction  whatever, 
one-half  thereof  to  the  informer  and  the  balance  thereof  to  be  paid 
into  the  free  school  fund  of  the  State  of  New  York.  The  provisions 
of  this  act  shall  not  apply  to  any  part  of  a  railroad  where  not  more 
than  8  regular  passenger  trains  in  twenty-four  hours  pass  each  way ; 
Provided^  moreover^  That  where  20  freight  trains  pass  each  way  gen- 
erally in  each  twenty-four  hours  then  the  provisions  of  this  act  shall 
apply,  notwithstanding  that  there  may  pass  a  less  number  of  passen- 
ger trains  than  hereinbefore  set  forth,  namely  8. 

Paragraph  2.    This  act  shall  take  effect  October  1,  1907. 


XORTH    CAROLINA. 

[Public  Laws  of  1907,  p.  665,  ch.  456.] 

Section  1.  That  it  shall  be  unlawful  for  any  railroad  company 
doing  business  in  the  State  of  North  Carolina,  or  for  any  officer, 
agent,  or  employee  thereof  who  has  the  direction  of  or  control  over 
any  employee  or  agent  of  the  classes  mentioned  below,  to  cause  or 
knowingly  permit  or  allow  any  employee  lx>longing  to  any  such  class 
to  render  any  service  for  such  railroad  company  pertaining  to  the 
movement  of  trains,  for  a  greater  number  of  hours  in  any  twenty- 
four  hours  than  is  hereinafter  specified,  to  wit: 

{a)  Any  employee  doing  the  work  of  a  train  dispatcher  (or  tele- 
graph operator) ,  having  in  charge  in  any  degree  the  direction  of  the 
movement  of  any  train  or  trains  in  North  Carolina  for  more  than 
eight  hours  in  any  twenty-four  hours:  Provided^  The  Corporation 
Commission  of  North  Carolina  is  hereby  authorized  to  permit  any 
such  telegraph  operator  at  any  station  on  any  road  in  this  State  to 
work  for  a  longer  time,  not  exceeding  twelve  hours  in  any  twenty- 
four  hours,  where  the  said  Corporation  Commission  shall  determine 
that  the  safety  of  the  traveling  public  will  not  be  endangered  by  such 
extension  of  hours. 


22  HOUKS   OF   SERVICE   OF   RAILWAY    EMPLOYEES. 

(b)  Any  conductor,  flagman,  engineer,  brakeman,  fireman,  or  other 
member  of  any  train  crew,  for  more  than  sixteen  hours  in  any  twenty- 
four  hours. 

Sec.  2.  That  any  railroad  company,  or  officer  or  agent  thereof, 
having  the  direction  of  or  control  over  any  employee  mentioned  in 
section  1  of  this  act,  who  shall  violate  any  of  the  provisions  hereof, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  such  railroad 
company  shall  be  fined  not  less  than  $500;  and  such  officer  or  agent 
shall  be  fined  or  imprisoned,  or  both,  in  the  discretion  of  the  Court. 

Sec.  3.  That  any  train  dispatcher  or  telegraph  operator,  having 
in  charge  in  any  degree  the  direction  of  the  movement  of  any  train  or 
trains  in  North  Carolina,  who  shall  work  more  than  eight  hours  in 
any  twenty-four  hours  as  an  employee  performing  the  duties  afore- 
said, except  as  shall  be  permitted  by  the  Corporation  Commission 
under  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  or  imorisoned,  in  the  discretion 
of  the  Court. 

Sec.  4.  Any  conductor,  flagman,  fireman,  engineer,  brakeman,  or 
other  member  of  ht^  train  crew,  who  shall  work  for  any  railroad 
company  more  than  sixteen  hours  in  any  twenty-four  hours,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or  im- 
prisoned, or  both,  in  the  discretion  of  the  court:  Provided,  That  it 
shall  not  be  held  a  violation  of  this  act  by  any  conductor,  brakeman, 
flagman,  engineer,  fireman,  or  other  member  of  any  train  crew  who 
shall  work  more  than  sixteen  hours  in  any  twenty-four  hours  in  order 
to  clear  the  track  or  tracks  of  said  railroad  company  from  wrecks, 
w^ashouts,  or  obstruction  caused  by  the  act  of  God,  so  that  they  may 
bring  the  train  or  trains  operated  by  them  to  a  station  on  said  road, 
which  station  shall  be  either  the  schedule  destination  of  said  train 
or  the  station  at  which  there  is  regularly  a  change  of  train  crews; 
nor  shall  it  be  held  in  violation  of  this  act  by  the  corporation,  officers, 
or  agents  thereof  to  permit,  the  said  conductor,  flagman,  brakeman, 
fireman,  engineer,  or  other  member  of  a  train  crew  to  work  over- 
time under  the  circumstances  and  conditions  hereinbefore  stated. 

Sec.  5.  This  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  March  4,  1907. 


NORTH  DAKOTA. 

[Laws  of  1907,  p.  337,  cli.  207.] 

Section  1.  It  shall  be  unlawful  for  any  railroad,  railroad  corpora- 
tion, or  common  carrier,  engaged  in  commerce  in  whole  or  in  part 
within  this  State,  or  any  of  its  officers  or  agents,  to  require  or  ])erniit 
any  employees  engaged  in  or  connected  with  the  movement  of  any 
train  in  which  commerce  is  hauled  within  the  State,  or  to  require 


HOURS  OF  SERVICE   OF  RAILWAY  EMPLOYEES.  23 

or  permit  any  employee  engaged  in  or  connected  with  the  move- 
ment of  any  train  carrying  freight  or  passengers  within  the  State,  to 
remain  on  duty  more  than  sixteen  consecutive  hours,  except  when  by 
casualty,  storms,  wrecks,  washouts,  snow  blockades,  or  any  unavoid- 
able delay  arising  from  like  causes  he  is  prevented  from  reaching 
his  terminal;  or  to  require  or  permit  any  such  employee  who  has 
been  on  duty  sixteen  consecutive  hours  to  go  on  any  duty  without  hav- 
ing at  least  eight  hours'  rest. 

Sec.  2.  Any  such  railroad,  railroad  corporation,  common  carrier, 
or  any  of  its  officers  or  agents,  violating  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  misdemeanor,  and  shall,  upon  con- 
viction thereof  in  any  district  court  of  the  State  of  competent 
jurisdiction,  be  subject  to  a  fine  of  not  less  than  $100  nor  more 
than  $1,000  for  each  offense;  and  it  shall  be  the  duty  of  the  railroad 
commissioners  to  fully  investigate  all  cases  of  any  violation  of  this 
act,  and  said  railroad  commissioners  shall  forthwith  notify  the  attor- 
ney-general of  such  violation  thereof  as  may  come  to  their  knowledge, 
and  it  shall  be  the  duty  of  the  attorney-general  to  prosecute,  or  cause 
to  be  prosecuted,  all  violations  thereof. 

Sec.  3.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

Approved  March  8,  1907. 


OHIO. 

[Bates's  Annotated  Statutes,  vol.  2,  0th  ed.,  1787-1908,  p.  1898.] 

(3365-14)  Section  1.  Any  company  operating  a  railroad  over  30 
miles  in  length,  in  whole  or  in  part  within  the  State,  shall  not  permit 
or  require  any  conductor,  engineer,  fireman,  brakeman,  or  any  train- 
man on  any  train,  or  any  telegraph  operator  who  has  worked  in  his 
respective  capacity  for  fifteen  consecutive  hours,  to  again  be  required 
to  go  on  duty  or  perform  any  work  until  he  has  had  at  least  eight 
hours'  rest,  except  in  case  of  detention  caused  by  accident,  unavoid- 
able or  otherwise.  Ten  hours  shall  constitute  a  day's  work,  and  for 
every  hour  that  any  conductor,  engineer,  fireman,  brakeman,  or  any 
trainman,  or  any  telegraph  operator  of  any  company  who  works 
under  the  direction  of  a  superior,  or  at  the  request  of  the  company, 
shall  be  paid  for  such  extra  services  in  addition  to  his  per  diem. 
(89  V.  311;  88  V.  344;  87  v.  112.) 

(33G5-15)  Sec.  2.  Any  railroad  company  or  corporation  know- 
ingly violating  any  of  the  provisions  of  this  act  shall  be  liable  to  a 
penalty  of  not  less  than  $500  nor  more  than  $1,000  for  the  first 
offense,  and  for  any  subsequent  offense  of  not  less  than  $1,000  nor 
more  than  $1,500,  which  shall  be  recovered  in  a  civil  action  in  the 
name  of  the  State.    (89  v.  311,'  87  v.  112.) 


24  HOURS   OF   SERVICE   OF   RAILWAY    EMPLOYEES. 

OREGON. 

[General  I^nws,  1007,  cli.  143,  p.  286.] 

Section  1.  Any  person  who  owns  or  operates  a  steam  railroad 
■which  is  located  wholly  or  partly  in  this  State  shall  not  permit  or 
require  any  conductor,  engineer,  fireman,  brakeman,  or  flagman,  who 
upon  arrival  at  a  terminal  station  has  been  ten  or  more  consecutive 
hours  on  duty,  to  go  again  on  duty  until  he  has  had  at  least  ten  hours 
off  duty.  No  conductor,  engineer,  fireman,  brakeman,  switchman, 
flagman,  or  telegraph  operator  shall  be  required  or  permitted  to 
remain  on  duty  more  than  fourteen  consecutive  hours,  except  when 
longer  consecutive  service  becomes  necessary  because  of  fires,  or 
wrecks,  or  washouts,  or  other  unavoidable  delays  or  unforeseen 
emergencies. 

Sec.  2.  The  manager  or  superintendent  of  [or]  any  person  owning 
or  operating  a  steam  railroad  located  wholly  or  partly  in  this  State^ 
or  any  other  official  charged  with  the  management  or  control  or  oper- 
ation of  such  railroad,  or  any  part  thereof,  shall  be  responsible,  as 
well  as  the  owner  thereof,  for  a  violation  of  the  provisions  of  this  act : 
and  any  one  or  more  of  said  persons  violating  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  $100  nor 
more  than  $500,  or  by  imprisonment  in  the  county  jail  of  not  less 
than  six  months  nor  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Filed  February  25,  1907. 

RHODE    ISLAND. 

[Acts  and  resolves,  January  session,  1902,  p.  80,  ch.  1004.] 
Section  1.  A  day's  work  for  all  conductors,  gripmen,  and  motor- 
men  now  employed  or  who  may  hereafter  be  employed  in  the  opera- 
tion of  all  street  railways,  of  whatever  motive  power,  in  this  State 
shall  not  exceed  ten  hours'  work  to  be  performed  within  twelve  con- 
secutive hours.  No  officer  or  agent  of  any  corporation  operating 
street  cars,  of  whatever  motive  power,  in  this  State  shall  on  any  day 
exact  from  any  of  its  said  employees  more  than  the  said  ten  hours'^ 
work  within  the  twenty-four  hours  of  the  natural  day,  and  within 
twelve  consecutive  hours:  Provided^  however,  That  on  all  legal  holi- 
days, and  on  occasions  when  an  unexpected  contingency  arises  de- 
manding more  than  the  usual. service  by  such  street  railway  corpora- 
tion to  the  public,  or  from  such  employees  to  the  corporation,  and  in 
case  of  accident  or  unavoidable  delay,  extra  labor  may  be  performed 
for  extra  compensation;  and  that  nothing  herein  contained  shall 
affect  existing  written  contracts. 


HOURS   OF  SERVTOE    OF   RATT.WAY   EMPLOYEES.  25 

Sec.  2.  That  it  is  the  true  iniini  and  purpose  of  this  act  to  limit 
the  usual  hours  of  labor  of  the  employees  of  street  railway  corpora- 
tions, as  aforesaid,  to  ten  hours'  actual  work  a  day,  to  be  performed 
within  a  period  of  twelve  consecutive  hours,  as  aforesaid,  whether 
such  employees  be  employed  by  the  trip  or  trips,  the  job,  the  hour, 
the  day,  the  week,  the  month,  or  in  any  other  manner. 

Sec.  3.  Any  street  railway  corporation  violating  any  of  the  pro- 
visions of  the  preceding  sections  of  this  act  shall  be  fined  not  less  than 
$100  nor  more  than  $500,  one  half  thereof  to  the  use  of  the  complain- 
ant and  the  other  half  to  the  use  of  the  State. 

Sec.  4.  This  act  shall  take  effect  on  the  1st  day  of  June,  A.  D. 
1902. 


[Acts  and  Resolves,  December  session,  1902,  p.  1,  ch.  1045.] 

Section  1.  Section  2  of  chapter  1004  of  the  Public  Laws,  passed 
at  the  January  session  of  the  general  assembly,  A.  D.  1902,  is  hereby 
amended  so  as  to  read  as  follows : 

"  Sec.  2.  The  true  intent  and  purpose  of  this  act  is  hereby  declared 
to  be  to  limit  the  usual  hours  of  labor  of  the  above-mentioned  em- 
ployees of  street  railway  corporations,  in  the  absence  of  agreement 
as  to  such  hours  between  such  emploA^ees  and  their  employer,  to  ten 
hours'  actual  work  a  day,  to  be  performed  within  a  period  of  twelve 
consecutive  hours,  whether  such  employees  be  employed  by  the  trip 
or  trips,  the  job,  the  hour,  the  day,  the  week,  the  month,  or  in  any 
other  manner.  But  nothing  in  this  act  contained  shall  be  construed 
to  forbid  or  prevent  any  such  employee,  being  of  the  age  of  21  years 
or  upward,  from  laboring  a  greater  or  lesser  numlx?r  of  hours  a  dny 
in  accordance  with  his  contract  so  to  do,  nor  to  impose  any  penalty 
upon  any  person  or  corporation  for  permitting  such  employees  to 
labor  such  greater  or  lesser  number  of  hours  in  the  performance  of 
such  contract." 

Sec.  2a.  So  much  of  said  act  to  which  this  is  in  amendment  as  is 
inconsistent  herewith  is  hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  passage. 

Passed  December  5,  1902. 


SOUTH    DAKOTA. 

[Session  Liiws,  1907,  p.  455(5,  ch.  220.] 

Section  1.  No  common  carrier,  nor  any  officer  nor  agent  thereof, 
shall  require  or  permit  any  employee  engaged  in  or  connected  with 
the  movement  of  any  train  to  remain  on  duty  more  than  sixteen 
consecutive  hours,  or  require  or  permit  any  such  employee  who  has 


26  HOURS   OF   SERVICE  OF  RAILWAY   EMPLOYEES. 

been  on  duty  sixteen  consecutive  hours  to  go  on  duty  without  having 
had  at  least  ten  hours  off  duty,  or  require  or  permit  any  such  em- 
ployee wlio  has  been  on  duty  sixteen  hours  in  the  aggregate  in  any 
twenty-four-hour  period  to  continue  on  duty  or  to  go  on  duty  without 
having  had  at  least  eight  hours  off  without  duty  within  such  twenty- 
four-hour  period. 

Sec.  2.  In  any  prosecution  for  a  violation  of  the  preceding  section 
it  shall  be  a  sufficient  defense  to  show  that  the  employee  was  pre- 
vented from  reaching  his  terminal  by  any  casualty  occurring  before 
he  started  on  his  trip,  or  by  accident,  or  unexpected  delay  of  trains 
scheduled  to  make  connections  with  the  train  on  which  such  employee 
was  serving. 

Sec.  3.  Any  common  carrier  and  any  officer  or  agent  thereof  vio- 
lating any  of  the  provisions  of  section  1  of  this  act  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  of  not  less  than  $100  or  more  than 
$1,000. 

Sec.  4.  The  Board  of  Eailroad  Commissioners  shall  fully  investigate 
all  cases  of  violation  of  this  act,  and  for  that  purpose  may  subpoena 
witnesses,  administer  oaths,  interrogate  witnesses,  take  testimony,  and 
require  the  production  of  books  and  papers  either  within  or  without 
the  State,  and  shall  lodge  with  the  proper  state  attorneys  information 
of  such  violations  as  may  come  to  its  knowledge. 

Sec.  5.  The  provisions  of  this  act  shall  not  be  applied  to  relief  or 
wreck  trains. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  w^ith  this  act  are  hereby 
repealed. 

Approved  February  13,  1907. 


TEXAS. 


[General  Laws  of  1907,  p.  113,  Ch.  LI ;  see  also  p.  444.  Ch.  V.] 

Section  1.  It  shall  hereafter  be  unlawful  for  any  corporation  or 
receiver  operating  any  line  of  railroad  in  whole  or  in  part  in  this 
State,  or  any  officer,  agent,  or  representative  of  such  corporation  or 
receiver,  to  require  or  knowingly  permit  any  conductor,  engineer,  fire- 
man, brakeman,  train  dispatcher,  or  telegraph  operator  who  has  been 
on  duty  for  fourteen  consecutive  hours  to  perform  any  work  until  he 
has  had  at  least  eight  hours  off  duty,  except  in  cases  where  such  four- 
teen hours  expires  while  a  train  is  between  stations  or  at  a  station 
where  there  are  no  facilities  for  sidetracking  such  train,  in  either  of 
which  events  the  conductor,  engineer,  fireman,  or  brakeman,  or  all  of 
them,  may  be  permitted  to  proceed  with  such  train  to  the  first  station 
where  such  facilities  can  be  had,  but  no  further:  Provided,  however, 


HOURS  OF   SERVICE   OF  RAILWAY   EMPLOYEES.  27 

That  in  case  said  fourteen  hours  shall  expire  when  a  train  is  within  20 
miles  of  a  terminal  toward  which  it  is  going,  or  within  -20  miles  of  its 
destination,  the  aforementioned  employees  operating  such  train  may 
be  permitted  to  prf>ceed  to  such  terminal  or  destination,  but  in  such 
case  shall  not  be  required  or  permitted  to  do  any  switching  or  other 
work  which  would  in  any  manner  retard  them  in  speedily  reaching 
such  terminal  or  destination:  Provided  further,  That  this  act  shall 
not  apply  in  case  of  casualty  upon  such  railroad  directly  affecting 
such  employee,  nor  shall  it  apply  to  sleeping-car  companies. 

Sec.  2.  It  shall  hereafter  be  unlawful  for  any  corporation  or  re- 
ceiver operating  a  line  of  railroad  in  whole  or  in  part  in  this  State, 
or  any  officer,  agent,  or  representative  of  such  corporation  or  receiver, 
to  require  or  knowingly  permit  any  conductor,  engineer,  fireman, 
brakeman,  train  dispatcher,  or  telegraph  operator  who  has  been  on 
duty  for  fourteen  consecutive  hours  and  who  has  gone  off  duty  to 
again  go  on  duty  or  perform  any  work  for  such  corporation  or  re- 
ceiver until  he  has  had  at  least  eight  hours  off  duty. 

Sec.  3.  Any  corporation  or  receiver  operating  a  line  of  railroatl 
in  whole  or  in  part  within  this  State  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  liable  to  the  State  of  Texas  in  a  pen- 
alty of  not  less  than  $200  nor  more  than  $1,000  for  each  offense,  and 
such  penalties  shall  be  recovered  and  suit  therefor  shall  be  brought 
in  the  name  of  the  State  of  Texas  in  any  court  having  jurisdiction  of 
the  amount  in  Tra\;is  County,  Texas,  or  in  any  county  into  or  through 
which  said  railroad  may  pass.  Such  suit  or  suits  may  be  brought 
either  by  the  attorney-general  or  under  his  direction  or  by  the  county 
attorney  or  district  attorney  of  any  county  or  judicial  district  into 
or  through  which  said  railroad  may  pass,  and  such  attorney  bring- 
ing any  action  under  this  act  shall  be  entitled  to  a  compensation  of 
one-third  of  the  total  amount  of  penalties  recovered. 

Sec.  4.  Any  officer,  agent,  or  representative  of  any  corporation  or 
receiver  operating  any  line  of  railroad  in  whole  or  in  part  within 
this  State  who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  therefor  shall 
be  punished  by  a  fine  of  not  less  than  $100  nor  more  than  $.")00  for 
each  offense,  or  by  confinement  in  the  county  jail  for  not  less  than  ten 
nor  more  than  sixty  days,  or  both  fine  and  imprisonment,  and  such 
person  so  offending  may  be  prosecuted  under  this  section,  either  in  the 
county  where  such  person  may  be  at  the  time  of  the  commission  of 
the  offense  or  in  any  county  where  such  employee  has  been  permitted 
or  required  to  work  in  violation  of  this  act. 


28  HOURS   OP  SERVICE  OF  RAILWAY   EMPLOYEES. 

[P.  444,  Cli.  v.] 

Sec.  4a.  That  this  act  shall  take  effect  and  be  in  force  on  and  after 
the  12th  day  of  October,  1907. 

Sec.  5.  That  section  5  of  said  act,  approved  April  1,  1907,  be,  and 
the  same  is  hereby,  repealed. 

Approved  April  1,  1907. 


WASHINGTON. 

[I^ws  of  1907,  I).  25,  ch.  20.] 

Section  1.  I  shall  be  unlawful  for  any  common  carrier  by  railroad, 
or  any  of  its  officers  or  agents,  to  require  or  permit  any  employee 
engaged  in  or  connected  with  the  movement  of  any  train  to  remain  on 
duty  more  than  sixteen  consecutive  hours,  except  when  by  casualty 
occurring  after  such  employee  has  started  on  his  trip ;  or,  except  by 
accident  or  unavoidable  delay  of  trains  scheduled  to  make  connec- 
tions with  the  train  on  which  such  employee  is  serving,  he  is  prevented 
from  reaching  his  terminal ;  or,  to  require  or  permit  any  such  employee 
who  has  been  on  duty  sixteen  consecutive  hours  to  go  on  duty  without 
having  had  at  least  ten  hours  off  duty ;  or,  to  require  or  permit  any 
such  employee  who  has  been  on  duty  sixteen  hours  in  the  aggregate 
in  any  twenty-four-hour  period  to  continue  on  duty  without  having 
had  at  least  eight  hours  off  duty  within  the  twenty-four-hour  period. 

Sec.  2.  That  any  such  common  carrier,  or  any  of  its  officers  or  agents, 
violating  any  of  the  provisions  of  this  act  is  hereby  declared  to  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  liable 
to  a  penalty  of  not  less  than  $100  or  more  than  $1,000  for  each  and 
every  such  violation,  to  be  recovered  in  a  suit  or  suits  to  be  brought  by 
the  attorney-general;  and  it  shall  be  the  duty  of  the  attorney-general 
to  bring  such  suits,  upon  duly  verified  information  being  lodged  with 
him  of  such  violation  having  occurred,  in  any  superior  court ;  and  it 
shall  also  be  the  duty  of  the  railroad  commission  to  fully  investigate 
all  cases  of  the  violation  of  this  act,  and  to  lodge  with  the  attorney- 
general  information  of  any  such  violation  as  may  come  to  its  knowl- 
edge. 

Approved  February  18,  1907. 


WEST  VIRGINIA. 

[Acts  of  1907,  p.  248,  ch.  59.] 


Section  1.  That  it  shall  be  unlawful  for  any  person,  corporation, 
or  association  operating  a  railroad  within  this  State  to  permit  any 
person  employed  by  them,  or  on  their  railroad,  in  the  capacity  of 


HOURS   OF   SERVICE    ()!•    KAILWAV    KMi'l,<  i\  1  I  -.  29 

telephone  or  telegfraph  operator,  whose  duty  it  is  to  space  oj-  l)lock 
trains  or  engines,  or  handle  train  orders  governing  the  movement  of 
trains  or  engines,  or  handling  interlocking  switches  governing  the 
movement  of  trains  or  engines,  to  permit  such  telephone  or  telegraph 
operator  so  employed  to  l>e  on  duty  more  than  eight  hours  in  any 
twenty-four  consecutive  hours;  Provided^  That  the  provisions  of  this 
act  shall  apply  only  to  such  parts  of  a  railroad  where  three  or  more 
passenger  trains  pass  each  way  in  twenty-four  consecutive  hours,  or 
where  ten  or  more  freight  trains  pass  each  way  in  twenty-four  con- 
secutive hours,  or  at  any  office  where  said  telegraph  or  telephone  op- 
eratoi-s  are  employed  twenty  or  more  hours  in  twenty-four  consecu- 
tive hours;  And  provided  further^  That  in  case  of  necessity  caused 
by  the  sickness  of  any  such  operators  or  by  an  accident  on  such  rail- 
road, such  telephone  and  telegraph  operators  may  be  permitted  to 
be  on  duty  for  a  period  of  twelve  consecutive  hours  in  any  twenty- 
four  consecutive  hours,  but  such  extension  of  time  shall  extend  only 
for  a  period  long  enough  to  enable  such  railroad  company  to  supply 
the  required  number  of  operators  at  such  office,  and  shall  in  no 
case  extend  over  a  period  of  more  than  two  days,  nor  under  this  pro- 
vision shall  it  be  lawful  for  any  telegraph  or  telephone  operator  to 
be  on  duty  twelve  consecutive  hours  in  any  twenty-four  consecutive 
hours  for  more  than  three  times  in  any  calendar  month;  but  nothing 
in  this  act  shall  prevent  any  such  company  and  operator  agreeing 
to  a  longer  day  than  eight  hours,  but  in  no  case  shall  any  such  opera- 
tor be  permitted  to  l)e  on  duty  longer  than  twelve  consecutive  hours 
in  any  twenty-four  consecutive  hours  under  such  agreement. 

Sec.  2.  Any  person,  corporation,  or  association  convicted  of  violat- 
ing the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and 
pay  a  fine  of  $100  for  the  first  offense,  and  for  each  offense  conunitted 
after  the  first  conviction  hereunder  pay  a  fine  of  $300. 


\VIS<X>XSIX. 

II^iws  <.f  1!M)7,  pp.  4ftS.  497.] 

Railroad  employees'  hours  on  and  oflf  duty. — Section  1800-1.  It 
shall  be  unlawful  for  any  common  carrier,  its  officers  or  agents,  to 
require  or  permit:  (1)  Any  employee  to  be  or  remain  on  duty  for  a 
longer  period  than  sixteen  consecutive  hours,  and  whenever  any  such 
employee  of  such  common  carrier  shall  have  l)een  continuously  on 
duty  for  sixteen  hours  he  shall  be  relieved  and  not  required  or  per- 
mitted again  to  go  on  duty  until  he  has  had  at  least  ten  consecutive 
hours  off  duty;  and  no  such  employee  who  has  been  on  duty  sixteen 
hours  in  the  aggregate  in  any  twenty-four-hour  period  shall  be  re- 


30  HOURS   OF   SERVICE   OF   RAILWAY    EMPLOYEES. 

quired  or  permitted  to  continue  or  again  go  on  duty  without  having 
had  at  least  eight  consecutive  hours  off  duty. 

Emergencies  excepted. — Section  1809-m.  The  provisions  of  this  act 
shall  not  apply  in  any  case  of  casualty  or  unavoidable  accident  or  the 
act  of  God ;  nor  where  the  delay  was  the  result  of  a  cause  not  known 
to  the  carrier  or  its  officers  or  agents  in  charge  of  such  employee  at 
the  time  said  employee  left  the  terminal  and  which  could  not  have 
been  foreseen,  nor  to  the  crews  of  wrecking  or  relief  trains. 

Enforcement  of  sections  1809-1  to  1809-O,  inclusive. — Section 
1809-n.  The  railroad  commission  shall  fully  investigate  all  cases  of 
violation  of  this  act  and  shall  lodge  with  the  proper  district  attor- 
neys information  of  such  violations  as  may  come  to  its  knowledge. 
The  commission  shall  have  the  power  to  emploj?^  such  inspectors  or 
other  persons  as  may  be  necessary  to  enforce  the  provisions  of  this 
act.  To  enforce  the  provisions  of  this  act  the  railroad  commission 
and  its  agents  or  employees  shall  have  the  power  to  administer  oaths, 
interrogate  witnesses,  take  testimony,  and  require  the  production  of 
books  and  papers. 

Penalty  for  \aolating  hour  law. — Section  1809-O.  Any  common  car- 
rier or  any  of  its  officers  or  agents  violating  any  of  the  provisions  of 
section  1809-1  is  declared  to  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  $100 
nor  more  than  $1,000. 

Eailroad  operators,  hours  on  and  off  duty. — Section  1816-m.  It 
shall  be  unlawful  for  any  corporation  or  a  receiver  operating  a  line 
of  railroad,  in  whole  or  in  part,  in  the  State  of  Wisconsin,  or  any 
officer,  agent,  or  representative  of  such  corporation  or  receiver,  to 
require  or  permit  any  operator  to  remain  on  dut}'  for  more  than  one 
period  of  eight  consecutive  hours,  and  when  said  operator  shall  have 
been  on  duty  for  said  eight  hours  he  shall  be  relieved  and  not  required 
or  permitted  again  to  go  on  duty  until  he  has  had  at  least  sixteen 
consecutive  hours  off  duty  in  any  twenty-four  hours :  Provided,  This 
provision  shall  not  apply  in  case  of  casualtj'^  upon  such  railroad ;  in 
which  case  said  operator  may  be  required  or  permitted  to  be  on  duty 
not  more  than  one  period  of  twelve  consecutive  hours  in  any  twenty- 
four  hours,  or  not  to  exceed  three  days  of  said  twelve  successive  hours 
each  at  one  time. 

"Operator;"  "block  sj'stem." — 2.  The  term  "operator"  shall  in- 
clude train  dispatchers,  and  shall  be  defined  and  construed  to  mean 
an  employee  who,  by  the  use  of  the  telegraph  or  telephone  dispatches, 
or  reports,  transmits,  receives,  or  delivers  orders  pertaining  to  or 
affecting  the  movement  of  cars,  engines,  or  trains,  or  who  handles  such 
cars,  engines,  or  trains  by  or  under  what  is  known  and  termed  the 
block  system ;  the  term  "  block  system  "  shall  be  defined  and  con- 
strued to  mean  reporting  cars,  engines,  or  trains  to  another  office  or 


HOURS   OF  SERVICE   OF  RAILWAY   EMPLOYEES.  31 

offices,  and  to  the  train  dispatcher  regfistering:  the  same  and  operating 
one  or  more  order  or  signal  devices,  and  manipuhiting  signal  devices 
affecting  the  movement  of  cars,  engines,  or  trains  from  stations  or 
towers  in  railroad  yards  or  on  main  tracks. 

Enforcement. — 3.  AMiencver  the  railroad  commission  shall  learn  of 
any  violation  of  this  section  by  any  company  or  by  an  officer  or  agent 
of  any  such  company,  it  shall  be  the  duty  of  the  railroad  commission 
to  investigate  such  violation  at  once,  and  it  shall  have  power  to  re- 
quire f^uch  company  to  immediately  provide  such  additional  employees 
as  are  necessar}*  to  comj>ly  with  the  provisions  of  this  act. 

Penalty. — i.  The  failure  to  comply  with  any  of  the  provisions  of 
this  section  shall  subject  the  corporation,  or  receiver,  or  any  officer, 
agent,  or  representative  of  such  corporation  or  receiver,  to  a  jjenalty 
of  not  less  than  $1,000  nor  more  than  $5,000  for  each  offense,  to  be 
sued  for  and  recovered  in  the  name  of  the  State,  with  the  costs  of 
prosecution  by  the  attorney-general  or  under  his  direction,  or  by  the 
district  attorney  for  any  county  in  which  the  violation  may  occur, 
and  in  the  circuit  court  for  such  county,  and  such  penalty,  when 
recovered,  shall  be  paid  into  the  county  treasury  of  the  county  in 
which  the  violation  occurred,  for  the  benefit  of  such  county. 


DECISION  OF  COURTS  RELATING  TO  HOURS  OF  SERV- 
ICE OF  RAILWAY  EMPLOYEES. 


ARKANSAS. 

Finding  of  the  Court. 

The  court  takes  judicial  knowledge  of  the  fact  that  the  defendant's 
railroad  is  engaged  in  interstate  commerce,  and  the  complaint  should 
so  set  out ;  and  being  amended  to  that  extent,  the  demurrer  and  mo- 
tion to  quash  are  one  and  tlie  same  in  effect. 

The  defendant,  the  St.  Louis,  Iron  Mountain  and  Southern  Rail- 
way Company,  being  chartered  under  the  laws  of  the  State  of  Arkan- 
sas and  the  State  of  Missouri;  and  so  organized  for  the  purpose  of 
doing  an  interstate  business,  and  was  at  the  time  complained  of  do- 
ing an  interstate  business,  its  operations  being  subject  to  the  laws  of 
the  United  States,  and  not  to  the  State  of  Arkansas,  as  to  the  conduct 
of  such  business. 

I  Thi^.  he'mg  so,  and  Congress  by  its  act  of  March  4,  1007,  having 
enacted  a  law  covering  this  subject,  all  jurisdiction  of  the  State  of 
Arkansas  on  the  subject  under  the  Constitution  of  the  United  States 
and  the  States  became  void;  and  the  attempt  to  enforce  such  state 
laws  is  in  violation  of  said  Constitution.  And  the  demurrer  to  the 
complaint  and  the.  motion  to  quash  must  be  sustained. 


MISSOURI. 

[Supreme  Court,  .Tune  0,  11)08.1 
Synopsis  of  Decision. 

The  act  of  the  general  assembly  of  the  State  of  Missouri  of  1907, 
limiting  the  hojirs  of  service  of  telegraph  operators  and  train  dis- 
patchers, attempts  to  regulate  interstate  as  well  as  intrastate  com- 
merce, and  therefore  is  beyond  the  power  of  a  State  and  void.  {How- 
ard v.  Ill  C.  R.  R.  Co.,  207  U.  S.  4G3,  cited  and  applied.) 

Courts  can  take  judicial  notice  of  the  fact  that  such  a  large  railway 
as  the  defendant  is  engaged  in  interstate  commerce.    The  trend  of 

33 


34  HOURS   OF   SERVICE   OF   RAILWAY   EMPLOYEES. 

the  judicial  mind  is  to  expand  the  judicial  horizon,  and,  as  decided 
cases  ripen  into  precedents,  it  is  made  manifest  that  the  list  of  things 
of  which  courts  take  judicial  notice  is  being  sensibly  added  to  by 
growth. 

Congress,  by  enacting  the  federal  law  limiting  the  hours  of  service 
for  employees  on  railroads  engaged  in  interstate  commerce,  approved 
March  -4,  1907,  served  notice  on  all  the  States  that  Congress,  as  sole 
constitutional  repository  of  power  in  regulating  commerce  among  the 
States,  has  also  exercised  the  incidental  power  of  regulating  the  hours 
of  labor  of  such  employees,  and  any  State  law  upon  the  same  subject 
incidentally  acting  upon  interstate  traffic  must  give  way  to  the  federal 
statute  in  so  far  as  interstate  traffic  "-3  aifected. 

Though  the  Missouri  act  was  passed  last  it  went  into  effect  a  few 
months  prior  to  the  federal  statute  limiting  the  hours  of  service  of 
emploj^ees.  By  this  federal  statute  a  notice,  in  the  nature  of  a  caveat, 
was  given  to  all  state  legislatures  that  Congress  has  occupied  the 
ground  by  its  statutory  regulations;  and  that,  in  its  high  wisdom, 
it  has  marked  out  a  preparatory  period  of  one  year.  This  period, 
in  the  comity  existing  between  state  and  federal  legislative  power, 
can  not  be  abrogated  by  state  action.  Uniformity  in  police  regula- 
tions involving  interstate  commerce  seems,  under  the  pressure  of  cur- 
rent events,  to  have  called  for  federal  legislation. 


MONTANA. 

[Supreme  Court,  February  25,  1908.] 
Synopsis  of  Decision. 

1.  Commerce — Subjects  of  Regulation — Railroads. 

Act  February  5, 1907  (Laws,  1907,  p.  6,  ch.  5),  providing  that  those 
employed  in  running  or  operating  locomotive  engines  or  railroad 
trains  in  this  State  shall  not  be  required  to  work  more  than  a  certain 
number  of  hours  without  rest,  and  prescribing  penalties  for  its  viola- 
tion, is  not  unconstitutional  as  being  a  regulation  of  interstate  com- 
merce in  the  absence  of  federal  legislation  on  the  subject. 

2.  States — Repeal — Implied  Repeal   by   Act  Relating   to   Same 
Subject — Retroactive  Operation. 

Act  February  5,  1907  (Laws,  1907,  p.  6,  ch.  5),  regulating  the  time 
a  railroad  may  require  its  employees  to  work,  is  not  made  ineffective 
by  the  passage  of  act  March  4,  1907,  ch.  2939,  U  Stat.,  1415  (U.  S. 
Comp.  St.,  Supp.,  1907,  p.  913),  similar  in  substance,  but  not  to  be- 
come operative  till  March  4,  1908,  since  legislation  is  not  effective  for 
any  purpose  until  it  becomes  operative. 


HOURS  OF  SEBVICE   OF  RAILWAY  EMPLOYEES.  35 

WISCONSIN. 

[Supreme  Court.  SeptoiiilxT.  ir»08.] 

Synopsis  of  Decision. 

The  statute  of  "Wisconsin  prohibit inj>j  a  raih-oad  operated  in  wlioh' 
or  in  part  in  that  State  to  require  or  permit  a  train  dispatcher  to 
remain  on  duty  for  more  than  one  period  of  ei^ht  consecutive  hours 
so  reguhites  interstate  commerce,  intentionally  or  by  necessary  effect, 
that  it  invades  the  commerce  clause  of  the  Federal  Constitution  and 
can  not  stand. 

Such  statute  is  also  void  because  in  conflict  with  the  federal  hours 
of  service  act,  which  is  declared  constitutional. 

Any  attempt  to  separate  interstate  from  domestic  commerce  in  the 
operation  of  trains  and  the  reji^idation  thereof  by  the  dispatchers 
would  result  in  great  danger,  delay,  interference,  and  expense  to  in- 
terstate commerce.  Hardly  any  act  of  a  train  dispatcher  on  a  busy 
railroad  can  be  conceived  which  does  not  affect  both  interstate  and 
domestic  commerce.  He  can  not  move  or  stop  the  most  distinctively 
local  train  without  affecting  the  interstate  train,  or  vice  versa.  No 
extra  or  special  can  be  put  on  the  division  without  adjustment  of 
other  trains.  Of  course,  also,  every  interstate  train  carries  some 
purely  intrastate  trade  or  passengers.  Division  of  authority  over 
these  subjects  would  be  fraught  with  great  perils  and  delays  to  both 
kinds  of  transportation. 

The  federal  hours  of  service  act  is  a  clear  declaration  by  Congress 
of  a  will  and  policy  that,  so  far  as  the  regulation  and  safeguarding 
of  interstate  commerce  might  properly  be  affected  by  prescribing 
hours  of  labor  for  such  employees,  the  subject  should  be  under  the 
control  of  Congress  and  not  of  state  legislatures.  That  act  also  de- 
clares a  policy  that  interstate  railroads  should  have  a  reasonable 
time  in  which  to  adjust  their  business  to  the  new  restrictions  by  post- 
poning the  date  when  the  law  should  become  operative;  and  a  state 
provision  changing  the  time  for  such  preparation  and  adjustment  is 
in  direct  conflict  with  the  policy  of  Congress. 


36  HOURS   OF   SERVICE  OF  RAILWAY   EMPLOYEES. 

Hours  of  service  of  railway  empUyyees — Regulations  in  the  several  States. 


Hours 

on  duty. 

Hours 
9flduty. 

Penalty. 

Citation. 

State. 

ll 

g 

2 

1 
o 

^1 

§1 

It 

2 
o 

+» 

o 

ii 

1 

i 

1 

Remarks. 

No  law. 

16 
8 

16 
16 

9 
16 

9 

8 

150-  $300 
100-    500 

Laws  of  1903, p.  53.... 

Emereencv  clause. 

Laws  of  1907,  p. 656..    Emereencv    clause. 

California 

See  also  1904  Stat., 
p.  1381. 

U  nconsti  tutional. 

No  law. 
Emergency  clause. 

18 
8 

18 

8 

8 

100-    300 
1,000 

$100-«300     Laws  of  1891,  p.  284  . . . 

1.000     Laws  1907.  DD.  851-852.    Emereencv     clause. 

12-hour    limit    for 
"day-only"      sta- 
tions. 
No  law. 

District  of  Colum- 
bia. 

Florida 

9 
13 

16 

13 
13 

8 

8 

8 
10 

500 

50-    500 
50-    500 

Public  No.  274;  March 

Emereencv     clause 

4,  1907.                               13-hour  limit   for 
"day-only"    sta- 
1      tions. 
Gen.  Stat.  1906,  p.  1112.   Emergency  clause. 

Code  of  1895 

Do. 
No  law. 

Do. 
Emereencv  clause. 

Illinois 

16 

16 
16 
16 

8 
10 
8 

8 
10 
8 

100-    500 
100-    500 
100-    200 

Acts  of  1907,  p.  215 

in 

Laws  of  1907  p.  106  .. .           Do. 

16 

Lawsof  1907,  p.  453.... 

Emergency    clause. 

Carriers  report  in- 
fractions. 
No  law. 

Do 

Do. 

8 

100 

Laws  of  1906,  p.  834; 
applies  only  at  sta- 
tions where  8  pas- 
senger or  20  freight 
trains  pass  daily. 

No  law.    • 

Michigan 

Minnesota 

Mississippi 

16 

24 
16 

8 

8 
8 

50-    100 
100-    .'iOOt 

50-100 

Compiled  laws  of  1897. 
Laws  of  1907,  p.  344. . . . 

Emergency  clause. 
Do. 

No  law. 

16 

16 

16 
16 

8 
8 

8 
8 

500-1,000 
100-    500t 

Laws  of  1905,  p.  112... 

Lawsof  1907,  p.  6 

Emergency    clause. 

Unconstitutional 
lor  interstate  traf- 
fic. 
Emergency     clause. 

Law  sustained  un- 
til Federal  law  be- 
came operative. 

a  Or  imprisonment  or  both. 


HOURS  OF  SERVICE   OF   RAILWAY    EMPLOYEES.  37 

Hours  nfsmiir  nf  niihitiii  i  in nlniiii s — luiii/Iiit inns  in  Iheaevcral  Stales — Continued. 


Hours 
on  duty. 

Hours               P,.n»ltv 
oflduty.            Penalty. 

CMtetion. 

Stato. 

4  . 

2| 

If 

a  o 

|6 

2 
o 

i  . 

■vS 

H 

d 

1 

o 

Corporation   or   iis 
agent. 

i 

s 

Remarks. 

Nebraska 

18 

8 

18 

8 

8 

50-  aoo 

100 

Cobbey's  Comp.  Stat. 
1907,  pp.  1800-1810. 

Acts  of  1007... 

Emergency    clause. 
Minors     not     al- 
lowed in  charge  of 
signal    and    tele- 
graph towers  be- 
tween 7.00   p.  m. 
and  7.00  a.  m. 

100 

New  Hampshire. . . 

No  law. 

New  Jersey 

Do. 

New  Mexico 

\ 

Do. 

New  York 

8 
8 

16 
15 

10 
16 

16 
15 

16 
16 

8 
8 

8 

8 
8 

100 
<>500 

100-1,000 
500-1,500 

100 

Laws  of  1907,  vol.  2, 

p.  14*)9. 
LaW8o{1907,  p.  665... 

Laws  of  1907,  p.  337... 
Bates's  Anuot.  Stat., 

vol.  2,  1787-1908,  p. 

1898. 

Emergency  clause. 

Emei^ncy  clause. 
Corporation  com- 
mission may  ex- 
tend hours  of  tele- 
graph operators. 

Emergency  clause. 

North  Carolina 

North  Dakota 

Ohio 

Do. 

Oklahoma 

No  law. 

Oregon 

14 

14 

10 

10 

100-    500a 

Qen.  Laws  1907,  p.  286. 

Emergency  clause. 

Pennsylvania 

No  law. 

Rhode  Island 

Law  for  street  rail- 

South Carolina 

ways  only. 
No  law. 

South  Dakota 

16 

16 

10 

10 

100-1,000 

Laws  of  1907,  p.  456.... 

Emergency  clause. 

Tennessee 

No  law. 

Texas.... 

14 

14 

8 

8 

ao(v-i,ooo<> 

Oen.  Laws  1907,  p.  113. 

Emergency  clause. 

Utah 

No  law. 

Vermont 

Do. 

Virginia 

Do. 

Washington 

16 
8 

8 

16 

8 

8 

100-1,000 
100-    300 

100-1,000 

Laws  of  1907,  p.  Z'i .... 
.\ctsol  19117,  p.  248... 

Laws  of  1907,  pp.  40^ 
407. 

Eiiiergency  claiLse. 

West  Virginia 

Emergency    clause. 

Wisconsin.    . 

16 

16 

8 

May  contract  for 
12  hours. 
Emergency     clause. 

Wyoming 

Unconstitutional 
as  to   telegra- 
phers;  Inspectors 
employed  for  en- 
foroemf-nt. 
No  law. 

oOr  imprisonment  or  both. 


t>  In  discretion  of  court. 


c  Telegraphers;  1,000-5,000. 


38  HOURS  OF   SERVICE   OF  RAILWAY  EMPLOYEES. 

Provisions  ofemergenq/  clause  in  State  regulations. 


state. 


Arizona. 


Arkansas 

Colorado 

Connecticut. 


District  of  Columbia. . 
Florida 


Georgia. 
Indiana. 
Iowa 


Kansas. 


Michigan. 


Minnesota. 


Missouri. 


Montana. 


Nebraska. 


New  York. 


North  Carolina. 
North  Dakota.. 


Ohio... 
Oregon. 


Emergencies  provided  for. 


Casualty  or  actual  neces- 
sity. 

Wrecks  or  washouts 

Casualty 

Sickness,  death,  wrecks, 
or  washouts. 

Casualty  or  unavoidable 
accident,  or  act  of  God. 

Casualty  or  other  cause. . . 


Employees  embraced. 


All  employees. 


South  Dakota. 


Texas I  Casualty 


do 

Casualty 

Accident,  wreck,  una- 
voidable casualty,  fiist 
freight. 

Washout,  wreck,  or  una- 
voidable blockades. 

Unavoidable  accident  or 
delay. 

Protection  of  life  or  projv 
erty,  accident,  wreck, 
or  other  unavoidable 
delay. 

Accident  or  casualty 


Train  men  only 

AU  employees 

Telephone  and  telegraph 

operators. 
All  employees 


Limit  to  hours  of  service 
prescribed  in  emergen- 
cies. 


Train-operating  employ- 
ees. 

do 

All  employees 

Employees  connected 
with  movement  of  roll- 
ing stock. 

All  employees 


Trcdn  men  only . 


Employees  connected 
with  movement  of  roll- 
ing stock. 


All  employees. 


Accident,  storms,  wrecks, 
washouts,  snow  block- 

 do 

ades,  or  any  unavoid- 

able delay. 

Casualty  or  unavoidable 
emergency. 

do 

Accident,  fire,  flood,  or 

Telephone  and  telegraph 

danger  to  life  and  prop- 

operators   and    signal 

erty. 

men. 

Accident  or  delay  result- 
ing therefrom. 

All  tndn  men 

Wrecks,  washouts,  or  act 

Train-crew  men 

of  God. 

Casualty,  storms,  wrecks, 

Employees      connected 

washouts,  snow  block- 

with movement  of  roll- 

ades,   or   unavoidable 

ing  stock. 

delay. 

Accident,  unavoidable  or 

All  employees 

otherwise. 

Fires,  \^-^ecks,  or  wash- 

 do 

outs,  or  other  unavoid- 

able delays. 

Any  casualty 

Any  employee  connected 
with  movement  of  any 

train. 

Casualty 1 

All  employees 

Not  to  exceed  16  hours  in 
a  day  of  24  hours. 

Operators  may  remain  on 
duty  4additional  hours 


Train  crews  permitted  to 
remain  on  duty  until 
nearest  terminal  or  di- 
\ision  point  is  reached. 


HOURS  OF  SERVICE  OP   RAILWAY  EMPLOYEES.  39 

Provisions  of  emergency  clause  in  State  regulations — Continued. 


State. 

Emergencies  provided  for. 

Employees  embraced. 

Limit  to  hours  of  service 
prescribed  in  emergen- 
cies. 

Washington..    

Casualty,  accident,  or  un- 
avoidable delay. 

Sickness  of  operator  or  ac- 
cident on  road. 

Casualty  or  unavoidable 
accident,  or  the  act  of 
God. 

rftsiiftUy,  , 

Employees  connected 
with  movement  of  any 
train. 

Telephone  and  telegraph 
operators. 

Railroad  employees 

Telegraph  operators 

West  Virginia 

any  24  consecutive,  for 
2  days. 

any  24,  nor  for  a  lonRcr 
period  of  3  da>'s  of  12 
hours  each. 

o 


